GLENPOOL UTILITY SERVICES AUTHORITY, a Utility Trust, Plaintiff-Appellee,
v.
CREEK COUNTY RURAL WATER DISTRICT NO. 2, Defendant-Third-Party-Plaintiff-Appellant, and
Jody Sweetin, an Individual, Defendant-Intervenor,
v.
FARMERS HOME ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE, United States of America, Third-Party-Defendants.
GLENPOOL UTILITY SERVICES AUTHORITY, a Utility Trust, Plaintiff-Appellee,
v.
CREEK COUNTY RURAL WATER DISTRICT NO. 2, Defendant-Third-Party-Plaintiff-Appellee, and
Jody Sweetin, an Individual, Defendant-Intervenor,
v.
FARMERS HOME ADMINISTRATION, UNITED STATES DEPARTMENT OF AGRICULTURE, United States of America, Third-Party-Defendants-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 21, 1988.
November 21, 1988.
Attorney(s) appearing for the Case
Peter Steenland and Stephen L. Andrew (D. Kevin Ikenberry of McCormick, Andrew & Clark, A P.C., Tulsa, Okl., with them on the briefs), of McCormick, Andrew & Clark, A P.C., Tulsa, Okl., for defendant-appellant and third party plaintiff-appellant Creek County Rural Water Dist. No. 2.
Phil Frazier of Frazier, Smith & Phillips, Tulsa, Okl., for plaintiff-appellee Glenpool Utility Services Authority, a Utility Trust.
F. Henry Habicht II, Asst. Atty. Gen., Layn R. Phillips, U.S. Atty., and Peter Bernhardt, Asst. U.S. Atty., Tulsa, Okl., and Peter R. Steenland, Jr., Martin W. Matzen, Laura E. Frossard, Attys., Dept. of Justice, Washington, D.C., on the brief, for the third party defendant-appellant Farmers Home Admin.
Neal E. McNeill, City Atty., and Patrick T. Boulden, Asst. City Atty., Tulsa, Okl., filed an amicus curiae brief for the City of Tulsa, Okl.
Michael R. Vanderburg, Broken Arrow, Okl., filed an amicus curiae brief for the City of Broken Arrow, Okl.
Louis T. Rosenburg, Rosenburg & Gray, San Antonio, Tex., filed supplemental authority for City of Broken Arrow, Okl.
Jay M. Galt of Looney, Nichols, Johnson & Hayes, Oklahoma City, Okl., filed an amicus curiae brief for the Oklahoma Rural Water Assn.
Ronald D. Cates of the Owasso Public Works Authority, Owasso, Okl., filed an amicus curiae brief for the Owasso Public Works Authority.
Lynn C. Rogers of the Oklahoma Ass'n of Mun. Attys., and Diane Pedicord, of the Oklahoma Mun., League, filed an amicus curiae brief for the Oklahoma Ass'n of Mun. Attys. and the Oklahoma Ass'n of Mun. Attys.
Before TACHA, BARRETT and EBEL, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
TACHA, Circuit Judge.
This is an appeal from a final judgment of the district court denying declaratory and injunctive relief in a suit concerning the rights to furnish water service to an annexed area of land. The issues on appeal are whether the defendant rural water district possesses a right, as against Glenpool, to furnish water service to the area in question; if such a right exists, whether it was granted by the Oklahoma Legislature; and, if such a grant was...
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